The open access movement in academic publishing continues to gather steam: two books are newly available free online.

Daniel J. Solove, Berkeley Law Prof, has released “The Future of Reputation, gossip, rumour and privacy on the internet.” Originally published in 2007 by Yale University Press, the book

…offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cyber mobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for

The Law Commission of Ontario doesn’t have a very long period to look back — we effectively began our work in February 2008, having spent the previous four and a half months (that included the holiday break!) since our launch getting organized in one way or another — and we really don’t have that long to look forward (since despite the above, the Agreement that created the LCO began in January 2007 and expires in January 2012 and we are in that sense entering our third year). . . . [more]

According to JTA:

In what may be a first for any government the world over, the Consulate General of Israel in New York will be holding a public press conference about the war in Gaza via Twitter. On Tuesday, December 30 during the hours of 1-3 p.m. EST, David Saranga, Consul of Media and Public Affairs in New York, will answer questions written in by users of the popular Internet social messaging Web site.

To participate, create an account at Twitter.com and compose a message to user israelconsulate, including the keyword #AskIsrael in your tweets. For example:

December 30 update: OK, so this does seem like one of those topics only a confirmed law geek could love. But the Post (again) thinks the importance of the Court of Appeal’s decision to the general public is worth underlining in today’s editorial.

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The Ontario Court of Appeal, on December 24, released its long-awaited decision in the companion cases of Telezone v. Canada, G-Civil v. Canada, Fielding Chemical Technologies v. Canada, and McArthur v. Canada. Each of the four cases concerned a challenge to the jurisdiction of the Ontario Superior Court to . . . [more]

Caselaw databases are frequently described as being “comprehensive” collections of cases with the meaning of the word “comprehensive” left undefined. The exceptions, of course, are databases based on print series of law reports which are by definition “selective”.

Some but not all database providers do say that they have so many hundreds or so many thousands of judgments covering specific years or time periods. Some say nothing at all. A few provide further details of the number of decisions by court level but, in general, vagueness is the order of the day.

“Vagueness” is not an acceptable standard

Legal researchers . . . [more]

On my must-read list are some of the LLRX.com articles for this month. The authors have put together some great resources. Here’s the line-up:

Neurolaw and Criminal Justice
Ken Strutin’s article highlights selected recent publications, news
sources and other online materials concerning the applications of
cognitive research to criminal law as well as basic information on the
science and technology involved. — Published December 28, 2008

Deep Web Research 2009
Marcus P. Zillman’s guide includes links to: articles, papers, forums,
audios and videos, cross database articles, search services and search
tools, peer to peer, file sharing, grid/matrix search engines,
presentations, . . . [more]

The 2009 Harvey T. Strosberg Essay Prize competition was announced earlier this month:

Harvey T. Strosberg, Q.C., Editor-in-Chief of the Canadian Class Action Review, and Irwin Law Inc. are pleased to announce the sixth annual Harvey T. Strosberg Essay Prize competition. The prize of $10,000 is awarded to an outstanding student paper on Canadian class actions.

The competition is open to all Canadian students enrolled in an undergraduate, graduate, or professional program. The deadline for submissions is 2 March 2009.

Please see the Irwin Law web page for details. . . . [more]

Kevin O’Keefe recently discussed Digital Darwinism as it related to legal researchers, publishers and advertisers. The economic downturn, coupled with technological advances, has resulted in the demise of many major industries that have been the backbone of corporate America.

But O’Keefe also suggests another slightly troubling proposition,

Blogs will be widely cited in briefs and court decisions.

What better way to provide compelling arguments and establish binding precedent than sourcing articles with a milisecond publishing turnaround time?

There is obviously a broad variety of quality and depth in the legal blogosphere.

The credibility and authority of both the author and . . . [more]

The elves at the Law Commission of Ontario have been furiously pecking away at their keyboards to produce our next crop of consultation papers. John Hill has been putting the finishing touches to the Executive Summary for the pension division on marital breakdown final report (the text is in translation now), making it all shiny and bright.

Lauren Bates completed the next consultation paper for our older adults project and once translated, it will be distributed and appear on our website in the new year. We are experimenting with on-line comments for this consultation, along with the traditional submission format. . . . [more]

According to their recent blog post, the Office of the Privacy Commissioner of Canada is expected to soon release guidelines to help employers draft policies for use of social networking sites in the workplace. The Office cites a recent study by Ryerson University that identified a digital divide between young Canadians who use social networks and their employers. The blog post explains:

…researchers found that, by and large, employers currently don’t have policies, guidelines or practices in place that govern the use of social networking sites in the workplace.

However, a small number of employers are starting to. So

According to the CBC, these 18 have been named to the Senate by Prime Minister Stephen Harper:

• Former broadcaster Pamela Wallin
• Olympian Nancy Greene Raine
• CTV personality Mike Duffy
• Former N.L. MP Fabian Manning.
• N.S. lawyer Fred Dickson.
• Stephen Greene, former deputy chief of staff to N.S. Premier Rodney MacDonald.
• N.S. businessman Michael L. MacDonald.
• Long-time New Brunswick MLA and cabinet minister Percy Mockler.
• N.B. lawyer John D. Wallace.
• National chief of the Congress of Aboriginal Peoples Patrick Brazeau.
• Former Quebec MP and teacher Suzanne Fortin-Duplessis.
• Director of Via Rail Canada Leo Housakos.
• Former Quebec MNA Michel Rivard.
• Nicole

The concept of solicitor-client privilege goes back at least 400 years in the common law, and is one of the most well established concepts of privilege in our legal system.

The Canadian Security Intelligence Service (CSIS) was recently caught listening and recording conversations with Mohamed Zeki Mahjoub and his lawyer since the Egyptian refugee and terrorism suspect was released on bail over a year and a half ago.

When challenged by Justice Carolyn Layden-Stevenson, CSIS lawyer Jim Mathieson agreed that any such recordings would stop, and records would be erased.

But other defence lawyers have now raised some very serious . . . [more]